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What You Need To Know About Property Law

  • Jonathan D. Keeler Jonathan D. Keeler

Table of Contents

PROPERTYlaw is a vast and complicated field of law which governs the different types of legal ownership in property and real estate. Property refers to any legal claim to real estate, including personal property and land, and other intangible property owned by an individual or group. Real estate includes any improvements, or property itself, which has been bought, leased, rented, or transferred. The legal ownership of real estate can be attributed to individuals, businesses, corporations, partnerships, limited liability companies, trusts, and mortgages. Although property law covers a wide range of issues related to ownership of real estate, the most common type of cases dealt with in the law court system relate to easements, liens, trusts, mortgages, and other types of title transfer.

Easements are one of the most basic areas of property law; Easements involve an individual’s right to use another person’s property without making any payment for it. Examples of such property rights include a right to roam the premises owned by another person, use a building owned by another, or to possess and enjoy the benefits of another’s property for a specified period of time.

  • Another area of property law dealing with easements is the property interest theory.
  • This theory states that a property owner has a legal right to use his property for certain purposes such as improving it, increasing the value of it, and so on.
  • It also states that the property interest should be protected from unfair competition. An example of an easement would be a road where an adjoining parcel is closed off to cars.
  • Even if there was no physical barrier to the cars’ access, the owner of the road was exercising his legal right to control the use of it.

Other property rights: are also dealt with under property law. Land and buildings are the two biggest categories of tangible property and the basis for all legal claims and proceedings. Improvements on them can create a new property or may simply change its value. A building can become a better place to live or simply add value to the land, and its owner will have a legal right to utilize it as he sees fit.

  • In addition, some land is considered ‘public’ property. This means that it belongs to the whole community and is open for all to use. There are also public bodies such as parks and forests which, unlike real estate, have permanent laws governing their use and maintenance.
  • A ‘public trust’ is also a form of property. This means that the land is owned by a group, trust or association and is used for the benefit of the general public. A typical example of such a trust would be a hospital or school. Public property includes places of worship, parks, museums, heritage sites and other facilities that are open to the public for the enjoyment of all.

 

Jonathan D. Keeler-Lawnguilt.com
Jonathan D. Keeler

I'm Jonathan, a Harvard Law graduate with over 15 years in the legal field. From international treaties to the digital complexities of cyber law, my passion is deciphering the intricate tapestry of jurisprudence and making it accessible to all. When not analyzing legal precedents, you'll find me immersed in legal thrillers or advocating for digital rights. Interests: International diplomacy, cyber security, legal literature.

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Recent Posts

  • Changing Your Child’s Surname: Legal Steps and Considerations
  • Legal Challenges in Multiracial and Multiethnic Adoptions
  • The Legalities of Marrying Your First Cousin
  • Introduction to Health & Medicine Law: Bridging Health, Ethics, and Legality
  • The Intricacies of Community Property in Divorce

Jonathan D. Keeler

I’m Jonathan, a Harvard Law graduate with over 15 years in the legal field. From international treaties to the digital complexities of cyber law, my passion is deciphering the intricate tapestry of jurisprudence and making it accessible to all. When not analyzing legal precedents, you’ll find me immersed in legal thrillers or advocating for digital rights. Interests: International diplomacy, cyber security, legal literature.

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